HomeMy WebLinkAbout09-25-02 Budget & Administration Committee Meeting Agenda BUDGET AND ADMINISTRATION COMMITTEE
SEPTEMBER 25, 2002
7:00 P.M.
COMMON COUNCIL CHAMBERS
AGENDA
Statements from the Public
Amendments to Tonight' s Agenda
A. Attorney
1 . Request to Adopt Proposed Telecommunications Ordinance -
Resolution (material distributed at August, 2002 B & A
meeting) (15 min. )
2 A Ordinance Amending Title of Chapter 152 of the City of
Ithaca Municipal Code entitled "Cable Communications
Systems." (15 min. )
B. Ithaca Downtown Partnership
1 . Proposed "Exhibit C" to be Added to Existing Agreement -
Discussion (10 min. )
2 . Proposed 2003 Agreement - Discussion (10 min. )
C. Youth Bureau
1 . Request to Amend 2002 Budget - Resolution (5 min. )
2 . Request to Amend 2002 Budget - Resolution (5 min. )
D. Fire Department
1 . False Alarm Fee Proposal - Discussion/Possible resolution
(15 min. )
E. Reports
1 . Mayor' s Report
2 . Council Members' Announcements
3 . Next Month' s Meeting: October 29, 2002
RESOLUTION No.
WHEREAS, Chapter 152 of the Code of the City of Ithaca,
entitled "Cable Communications Systems", was promulgated in 1988,
before the Cable Television Consumer Protection and Competition
Act of 1992 and the Telecommunications Act of 1996, and
WHEREAS, Federal Communications Commission rulings and case
law based on the Acts, as well as the rapid development of new
technology, have caused the City's Cable Communications Systems
ordinance to be outdated, and
WHEREAS, since 1988, new communications technologies have
developed which require regulation by the City of Ithaca, and
WHEREAS, At the Budget and Administration Committee meeting
held on August 28, 2002, a proposed Telecommunications Ordinance
and an amended Cable Ordinance were presented by staff, and
WHEREAS, Staff requested that members of the Budget and
Administration Committee and all members of Common Council review
the proposed ordinances and make comments, if any, by September
25, 2002, and
WHEREAS, On August 29, 2002, said proposed ordinances were sent
to telecommunications and cable television providers who serve or
may be interested in serving City customers for comment, and
WHEREAS, For ease of reference, it would be most efficient for
all communications regulations to be contained in the same
chapter of the Code, and
WHEREAS, Staff recommends that the title of Chapter 152 of the
Code of the City of Ithaca be deleted, and a new title,
"Communications Technology," be added and the various regulations
contained in said Chapter 152 be delineated as "Articles"
therein, and
WHEREAS, Staff recommends that the amended cable ordinance be
entitled "Cable Television Regulatory Ordinance" and be
delineated as "Article I" of Chapter 152, and
WHEREAS, Staff recommends that the proposed telecommunications
ordinance be entitled "Telecommunications Ordinance" and be
delineated as "Article II" of Chapter 152, and
WHEREAS, The Budget and Administration Committee accepts the
recommendations of Staff,
NOW THEREFORE, BE IT RESOLVED, That the Budget and
Administration Committee requests that Common Council adopt the
proposed telecommunications ordinance and the amended cable
television regulatory ordinance, and
BE IT FURTHER RESOLVED, That the Budget and Administration
Committee requests that Common Council adopt the recommendation
to change the title of Chapter 152 of the Code of the City of
Ithaca and delineate the regulations contained therein as
Articles.
An Ordinance Amending Chapter 152 of the City of Ithaca Municipal Code entitled "Cable
Communications Systems."
WHEREAS, since 1988, new communications technologies have developed which require
regulation by the City of Ithaca, and
WHEREAS, for ease of reference, it would be most efficient for all communications
regulations to be contained in the same chapter of the Code,now therefore
ORDINANCE 2002-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,New York,
as follows:
Section 1. The City of Ithaca Municipal Code, Chapter 152 entitled "Cable
Communications Systems" is hereby amended as follows:
A. The title of Chapter 152 shall be deleted and a new title, "Communications
Technology,"shall be added.
B. The various regulatory ordinances relating to communications technology
contained in Chapter 152 shall be delineated as Articles therein.
Section 2 Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of a notice
as provided in the Ithaca City Charter.
C:\TEMP\CableOrdChapterChange.doc
PROPOSED NEW"EXHIBIT C"TO BE ADDED TO EXISTING
BASE LEVEL SERVICES MEMORANDUM OF UNDERTSANDING
BETWEEN THE CITY OF ITHACA AND THE
ITHACA DOWNTOWN PARTNERSHIP
EXHIBIT C
SERVICE PROVISION DEFINITIONS
The purpose of Exhibit C is to further define phases and terms outlined in the
Memorandum of Understanding.
1. Clean Public Streets, Fixtures and Areas: This shall refer to the following
annual program of work:
Litter Patrol: Base level litter cleaning services shall mean seven-day a week
hand/broom pick-up. This litter clean-up shall occur on primary and secondary
Commons (Commons plus the 300 Block of East State, the 100 Block of West
State, the 100 Block of North Aurora, the 100 Block of South Cayuga and the 100
Block of North Cayuga). Service shall be provided during non-snow days. Service
shall be provided during early morning hours prior to retail store and office
openings. Litter patrol shall also include planters,bus shelters and pavilions. As
needed, trash, leaves and debris shall be removed from the Commons catch basins
and tree grates.
Sidewalk Sweeping: Base level sidewalk sweeping shall mean seven-day a week
machine service to pick up litter, dirt and debris in the public right-of-way. This
service shall be provided on the primary and secondary Commons and undertaken
during non-snow days during early morning hours prior to retail store and office
openings.
Garage Cleaning: Base level garage cleaning shall mean seven-day a week
hand/broom pick-up of litter and trash at both the Seneca and Green Street
garages and Woolworth(Lot"D") lot. Service shall be provided in the morning
hours prior to primary hour utilization times. Stairwells and elevators shall be
cleaned in the early morning prior to normal office worker utilization. Cleaning
includes floors, stairwell windows, walls, fixtures and ceilings.
Garage Sweeping: Base level garage sweeping refers to machine sweeping of
garage surfaces and parking lots at least three times per week during non-snow
periods. Sweeping should be done at times when parked cars are at a minimum.
Snow Removal: Base level service provision means machine plowing, hand
shoveling and timely removal of snow piles from City-owned and managed public
areas in the BID district, including the Commons, Home Dairy Alley and rear
sidewalks, City Hall Plaza, City parking lots and garages and bus stops.
2. Neighborhood Policing Officer: Base level service means the assignment of at
least one full-time neighborhood policing officer to downtown (BID district)
work. This officer will spend his or her full-time assignment engaged in
downtown (BID district) safety activities.
3. Police Officer Patrols: Base level service means the provision of at least 8,760
hours of walking patrol and at least 771 hours of automotive/car patrol assigned
specifically to the downtown(BID district) geography.
4. Collect and Remove Trash: Base level service shall mean the collection and
removal of trash from downtown public trash receptacles on a seven-day a week
basis throughout the entire year.
5. Collect and Remove Recyclables: Base level service shall mean the daily
collection and removal of recyclables from public receptacles in the BID district
throughout the year.
6. Clean, Maintain and Repair Public Streets, Fixtures and Areas: Base level
service provision means expeditious repair and replacement (not simply removal)
within the BID district, as needed, of the following:
- Broken or lost paving/sidewalk bricks;
- Broken,burnt-out or lost light bulbs from pavilions or pedestrian lights;
- Broken, heaved or cracked pavement or concrete that could cause bodily
harm to a pedestrian;
- Broken or heaved tree grates;
- Broken bike racks;
- Damaged benches;
- Broken,non-operable water fountains;
- Light pole banners and bracket hardware;
- Pavilion roof cleaning and re-painting;
- Graffiti removal on all public property plus private property where
property owners fail to remove graffiti;
- Street, sidewalk and Commons pavement repair;
- Clock tower repair, including but not limited to maintaining appropriate
time and temperature;
- Kiosk poster stations;
- Light pole and clock tower re-painting;
- Repair to parking garage lights, stairwells or elevators;
- Power washing under tree grove as needed;
- Repair of broken or dented utility box doors;
- Repair/replacement of broken or missing signage;
- Replacement of decayed sealant between pavement and planter walls.
Base level service shall also mean providing the following maintenance services
at least annually:
- Bench re-painting;
Commons concrete surface pavement and planter wall power washing.
7. Maintain landscaping of public areas: Base level service provision means the
following:
At least annual tree trimming and pruning for trees in the BID district;
Fall planter bed cleaning for all planters on the primary and secondary
Commons (Commons plus the 300 Block of East State, the 100 Block of
West State, the 100 Block of North Aurora, the 100 Block of South
Cayuga; the 100 Block of North Cayuga and the triangle beds at the
Aurora and State and the Green, Seneca and State tuning fork
intersections);
- Spring planter bed preparation,purchasing of plant material and planting
of both annuals and perennials as appropriate;
- Summer planter bed watering on both the primary and secondary
Commons. Frequency shall be determined by the weather, but shall be
sufficient to ensure healthy plant growth.
- Weed control for planters, tree grates and the edge between pavement and
planter walls during the growing season.
- At least annual mulching of plants;
- Soil replenishment and remediation as necessary and appropriate.
8. Provide Electrical Service: Base level service provision shall mean the
following:
- Ensuring that downtown/Commons electrical service is operable and
accessible for public fixtures at all times and for downtown special events
and holiday lights.
Ensuring that light bulbs in public fixtures are replaced as needed;
9. Delivery of Basic Services During Special Events: Base level service provision
shall mean providing appropriate staff resources for downtown special events
including,but not limited to:
Extraordinary trash removal during festivals;
Electrical system maintenance during concerts and events;
- Public safety service provision during special events.
It is understood that these events will generally occur outside of normal shift
hours and will require re-assignments or adjustments to work schedules.
10. Holiday Lighting: Base level service refers to the installation and removal of
holiday tree lighting on trees on the primary and secondary Commons (including,
but not limited to, Cayuga and Aurora Streets). Lights shall be installed prior to
the annual Santa arrival ceremony in late November.
BASE LEVEL SERVICES MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ITHACA AND THE
ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT, INC.
This Base Level Services Memorandum of Understanding, dated ,�a�,'�a//y4p', is entered
into by and between the City of Ithaca(City) and the Ithaca Downtown Business Improvement
District, Inc. (IDBID).
RECITALS
A. The 1989 Legislature of the State of New York enacted Chapter 282 of the Laws of 1989
which established Article 19-A of the General Municipal Law which authorizes the
creation of business improvement districts.
B. The City of Ithaca Common Council adopted Local Law No. 1-1993 on April 7, 1993,
making provisions of Article 19-A of the General Municipal Law regarding business
improvements districts applicable to the City of Ithaca(reference Chapter 149, Section 1
of the Ithaca Code).
C. The City of Ithaca Common Council adopted Local Law No. 6-1996 on September 10,
1996, establishing the Ithaca Downtown Business Improvement District ("District")
(reference Chapter 149, Sections 2-5 of the Ithaca Code). Section 149-3 of the Ithaca
Code requires that services provided by the District be in addition to, and not a
substitution for, municipal services provided by the City of Ithaca.
The City of Ithaca and the Ithaca Downtown Business Improvement District, Inc., intending to be
legally bound hereby and in consideration of the services to be provided by the Ithaca Downtown
Business Improvement District, Inc. Pursuant to Article 19-A of the General Municipal Law and
the Ithaca Downtown Business Improvement Plan dated July 1, 1996, do hereby agree as follows:
ARTICLE I
DEFINITIONS
1.01. Definitions. Certain terms are defined in the heading and recitals hereto. In addition to
those definitions, as used in this Agreement, the following definitions shall apply:
"Agreement" means this Base Level Services Memorandum of Understanding between
IDBID and the City, and any other agreement amendatory hereof or supplemental hereto.
"Ithaca" shall mean the area within the geographic boundaries of the City of Ithaca.
"District" shall mean the area within the geographic boundaries of the Ithaca Downtown
F:\MG\CONTRACTBASELEVE.MEM April 21,1998 1
• Business Improvement District as defined by Chapter 149, Section 2 of the Ithaca Code.
IDBID shall mean Ithaca Downtown Business Improvement District, Inc., a private not-
for-profit corporation organized under the laws of the State of New York, which is the
District Management Association for the Business Improvement District.
"The Ithaca Commons" or"Commons" shall mean the area defined in the City Charter
Chapter A352 (Article I, Section A352-1)the administration and operation of which is
governed by the Commons Advisory board pursuant to Chapter 352.
"Basic Services" refers to those services provided and maintained by the City, directly or
by contract with the IDBID or other entities, within the District, including but not limited
to:
Safety
• Provide Law enforcement, police services and officer patrols
• Assign at least one full-time neighborhood policing officer
Cleanliness& Operations
Clean, maintain and repair public streets, fixtures and areas including, but not limited to,
the Ithaca Commons and DeWitt Park
• Collect and remove trash
Collect and remove recyclables from public receptacles at least once weekly
• Maintain landscaping of public areas including tree-trimming, plantings, and watering
• Provide electrical service to public fixtures, holiday lights, and special events listed in the
agreement for performance of basic services between the City and IDBID dated -1 P)v.
• Coordinate delivery of basic services during special events with adjustments to work
schedules or assignments (e.g. trash removal during Apple Harvest Festival, checking
electrical systems for the Summer Concert Series, installing and powering holiday lighting
on trees)
Respond to complaints regarding downtown maintenance and public services
Parkin
• Operate and maintain municipal parking garages, lots and metered spaces
• Maintain free parking policy at all municipal garages, lots and metered spaces weekdays
from 6:00 p.m. to 2:00 a.m., weekends from 6:00 p.m. Friday to 2:00 a.m. Monday, and
City holidays (when City Hall is closed)through December 31, 2002.
• Continue administration of discounted parking program in which the IDBID, as the sole
F:1MGU:0NTRACrBASELEVE.MEM April 21,1998 2
• agent for the City, can purchase and re-sell passes valid for 1-hour free parking through
December 31, 2002. It is agreed that the IDBID cost per pass will not exceed 62.5% of
the established hourly parking rate at district garages.
Public Improvements
• Make capital improvements to public streets and facilities, electrical services, and other
areas as necessary
• Prepare capital projects requests for Commons and peripheral streets
General Promotion
• Install special event signage, banners and lighting on public fixtures(e.g. clock tower
kiosks, light poles, trees)
• Maintain a database of commercial tenants located on The Ithaca Commons
• Post maps and tenant directories for the Commons in the clock tower kiosks
• Plan, promote and staff special events such as Apple Harvest Festival, Art Walk, Summer
Concert Series and Holiday Traditions
• Provide use of the Ithaca Commons at no cost for the above-named special events or
others to be agreed upon by the City and IDBID
• Welcome special guests to the District as appropriate and reasonable
• Provide and distribute information to businesses and visitors and otherwise respond to
inquiries about downtown
Other
• Provide staff support to the Commons Advisory Board, including design review services
• process and issue Commons Use Permits
• Provide staff support to the Advisory Commission on Art and Design for Public Space
The City and IDBID agree that Basic Services listed in this Agreement, and those listed in
the City Annual Base Level of Services Report, are intended to identify only certain
selected services. The parties recognize that many other City services are expected to
continue undiminished, including, but not limited to, emergency fire services, capital
improvement projects, planning and economic development services, building inspection
services, and water and sewer services.
1.02. Exhibits. The exhibits to this agreement are as follows
Exhibit A Map of the District
Exhibit B City Annual Base Level Services Report
ARTICLE H
FWG\CONTRACT\BASELEVE.MEM April 21,1998 3
BASE LEVEL SERVICES
2.01. City Services.
(a) The City has provided copies to the IDBID of the Annual Base Level of Services
Report describing the level of service hours provided by various departments of
the City to the District in 1997, a copy of which is attached as Exhibit B.
(b) The City shall, in the absence of the circumstances described elsewhere in this
Article II, provide Basic Services of the kind and in the quantities described in the
Annual Base Level of Services Report.
(c) In order to monitor the Base Level of Services, the City, upon request by the
IDBID, agrees to collect from the applicable departments the City projected
service hours information for the coming fiscal year in a form comparable to the
1997 Base Level of Services Report. This request shall be made to the Mayor five
months in advance of the City's fiscal year. The Mayor will deliver projected
service hours information to the IDBID when he/she submits a proposed budget to
Common council. The IDBID will have the opportunity to address Council and/or
its committees regarding projected service hours information. Final Base Level of
Services Report shall be submitted within three weeks after the approval of a final
budget by the City Council.
2.02. Compliance with Base Level of Services.
(a) In the absence of extenuating circumstances and subject to the factors described
elsewhere in this Article II, the City agrees to provide the Base Level of Services
for each of the Basic Services.
(b) The Base Level of Services assumes an average level of demand and activity, and
the parties recognize that Basic Services provided on any particular day or period
may vary based on special events, such as festivals, sports events, parade or
conventions, or weather conditions, such as snow storms or electrical storms.
However, the expectation is that on the substantial majority of days in any year,
the City will perform each of theBasic Services at no less than the Base Level of
Service.
(c) The Base Level of Services may be adjusted to reflect new methodologies and
policies, such as the institution of more frequent poolice foot pratrols, other forms
of community-based police enforcement, or automation of the parking control
system, provided that the basic thrust and intent of the Local Law is maintained in
any adjustment.
F:WOMNTRACMASELEVE.MEM April 21,1998 4
r'
2.03. Modifications.
(a) As provided in the Local Law, the following principles shall apply with regard to
the provision, suspension, diminishment or increase of Basic Services to the
District:
(i) No decrease in Basic Services shall occur within the District unless there is
a decrease in services throughout the City necessitated by changes in
funding, policy or resources, and then only in proportion to the decreases
implemented throughout the City.
(ii) Any increase in Basic Services generally throughout the City shall be
matched with increases in similar services within the District, in proportion
to the increases implemented throughout the City.
(b) The City's obligations under clause (a) above are not intended to override or
diminish the City's obligations generally to the people of the City of Ithaca.
2.04. Extenuating Circumstances.
(a) Consistent with Local Law, theCity shall not be obligated to maintain Basic
Services at the levels required in the Base Level ofServices Report if such levels of
service are affected by the circumstances described in Section 2.03. In addition,
the City's agreements hereon shall not be deemed to override any consitutional
obligations of the City, or rights and obligations established by federal or state law
or under order of courts of law.
(b) In the event of an emergency, as declared by the Mayor of the City or the
Governor of the State of New Y,ork, Basic Services may be temporarily
discontinued in all or part of the District, notwithstanding the continuation of
services elsewhere in Ithaca. The parties acknowledge that such circumstances are
likely to be highly unusual and temporary in nature.
2.05. Future Agreements. The parties acknowledge that the city and the IDBID may enter into
future agreements by which the IDBID perfo ns c.
r I ain Basic Services.
2.06. Termination. Should the IDBID or the District be dissolved, this Agreement shall be
considered null and void.
FAM&CONTRACMASELEVE.MEM Apri121,1998 5
ARTICLE III
BILLING AND COLLECTION
3.01. Billing. As provided in the Local Law, theCity, through the Department of Finance, will
provide all necessary billing services for the District, including the identification and
maintenance of a register for all properties within the District, the preparation and mailing
of bills for the Special Assessment (as provided for in the Local Law) and the inclusion of
the District's reports and summaries in any materials included with the semi-annual billing
of the special assessment.
3.02. Collection and Enforcement. As provided in the Local Law, the City, through the
Department of Finance, will collect the District assessment and transmit assessment
revenue pursuant to Section 980-L of Article 19-A of General Municipal Law.
3.03. Other Revenue Collection. The City agrees to receive and transmit other types of revenue
on behalf of the IDBID upon request (e.g. annual payments to the IDBID in lieu of
assessment by Tompkins County).
ARTICLE IV
DISPUTE RESOLUTION
In the event of a dispute between the City and IDBID with regard to compliance with, or
interpretation of, the provisions of this Memorandum of Understanding, the parties shall make
reasonable efforts to resolve the dispute by mutual agreement. The matter shall be referred a
subcommittee composed of the Mayor, the Chair of the Budget and Administration Committee
and the appropriate Department Head to act on behalf of the City of Ithaca and will be subject to
approval of Common Council. If the parties are unable to reach a resolution by mutual
agreement, both parties consent to refer the matter to mediation by a mutually acceptable
mediator. If mediation does not resolve the disagreement, both parties consent to submit the
matter to binding arbitration in accordance with the rules of the American Arbitration Association.
In Witness Whereof, the parties hereto have caused this Memorandum of Understanding to be
duly executed, sealed and delivered as of the day and year above.
The City of Ithaca
By:
Alan J. Caiien, Mayor
Ithaca Downtown Business Improvement District, Inc.
By: ack- -rci......J
Mac— kT Travis, President
F:\MG\CONTRACT\BASELEVE.MEM April 21,1998 6
EXHIBIT B - 1997 CITY ANNUAL BASE LEVEL SERVICES REPORT
Hours of Service
POLICE DEPARTMENT
Patrol Officer -Walking Beat 8,760
Neighborhood Police Officer-NB#12 1,808
Patrol Officer-Patrol Car 771
Subtotal 11,339
DEPARTMENT OF PUBLIC WORKS
Trash Removal
Removal of Trash& Recyclables from Public Containers 70
Trash Pickups 624
Subtotal Trash 694
Maintenance of Commons/Green Space
Commons -Primary, Secondary, Garages 4,922
Tree/Landscape Maintenance 80
Street Furniture 24
DeWitt Park Maintenance 112
Subtotal Maintenance of Open/Green Space 5,138
Parking System - Operations/Maintenance
Green Street Garage 614
Seneca Street Garage 2,543
Parking Lot"D" (Woolworth Lot) 2,453
Subtotal Parking System 5,610
Street Repair
Winter Pothole Patch 36
Milling/Street Patching 48
Curb/Gutter Repair 120
Street Paving 128
Strom Sewer Cleaning/Maintenance 240
Storm Sewer Repair 72
Snow Removal/De-Icing 224
Subtotal Street Repair 868
Special Events
Christmas Lighting 200
Parades 24
Subtotal Special Events 224
PLANNING DEPARTMENT& CITY CLERK
Process and Issue Commons Use Permits 104
Respond to Public Regarding CBD Maintenance& Services 52
Staff Support for CAB and A&DPS, Design Review(72,12,18) 102
Subtotal Planning& Clerk 258
TOTAL 1997 CITY BASE LEVEL SERVICES 24,041
F:\MG\CONTRACT\BASELEVE.MEM April 21,1998 7
PROPOSED 2003
AGREEMENT BETWEEN THE CITY OF ITHACA
AND THE ITHACA DOWNTOWN PARTNERSHIP
This agreement, dated , is by and between the City of Ithaca (City) and
the Ithaca Downtown Business Improvement District (District), Inc., dba Ithaca
Downtown Partnership (Partnership).
ARTICLE I
PAYMENT IN LIEU OF ASSESSMENT
As per this Agreement with the City, the Partnership agrees to:
- Develop, implement and promote an annual special events and
promotional calendar. The marketing plan for these events will include
local and regional advertising. "Regional"is defined as the area outside
Tompkins and Cortland Counties.
Develop and implement an ongoing local and regional marketing
campaign designed to promote the unique qualities of the District as a
place to live, work do business, attend events, and/or purchase goods and
services. The campaign will use traditional methods such as radio,
television and newspaper advertising, as well as methods such as
billboards,brochures and maps.
- Establish, maintain and promote programs that offer access to technical
and financial assistance to businesses within the District. These programs
might involve coordination of resources provided by others including,but
not limited to, the City's Department of Planning and Development, Ithaca
Urban Renewal Agency, Tompkins County Area Development, and the
Tompkins County Chamber of Commerce.
- Establish a database of existing vacant commercial space within the
District. The database will be developed in coordination with the City's
Department of Planning and Development.
Develop a marketing package that identifies the District's trading area,
market characteristics, and other attributes for use in contacting
prospective businesses.
Regularly market the District to local, regional and national retailers,
service providers and commercial businesses.
The City agrees to make an annual payment of$20,000 plus a proportional increase
equivalent to any approved 2003 increase in the Partnership assessment level,
to the Partnership for the services listed in Article I. The City recognizes that this
payment does not represent the full cost of these services. The payment is intended to be
the City's annual contribution toward the cost of these services, made in lieu of the
special assessment that is paid by all other owners of commercial property located within
the District.
ARTICLE II
2003 CONTRACT FOR BASIC SERVICES
As per this Agreement with the City, and in consideration of the compensation described
below, the Partnership hereby agrees to accept and perform the following Basic Services
within the District on behalf of the City during the calendar year 2003. This acceptance is
subject to the terms, conditions and definitions outlined in the Base Level Services
Memorandum of Understanding(MOU)that exists, as amended,between the City and
the Partnership.
- Serve as the clearinghouse for downtown activities,programs,projects
and development initiatives;
- Prepare a 2003 Work Program outlining the tasks and activities of the IDP
during calendar year 2003. These work elements will be derived from the
"2000-2010 Downtown Development Strategy";
- Compile and maintain a database of all existing District commercial
tenants, including but not limited to retailer and office businesses;
- Plan, promote and staff six (6) special downtown events;
- Post, update and maintain maps and tenant directories for the District in
the three clock towers;
- Devise and undertake a tourism marketing program for downtown Ithaca;
- Devise and undertake a student marketing program for downtown Ithaca;
- Devise and undertake a convention marketing program for downtown
Ithaca;
- Plan and implement a public arts program for downtown Ithaca;
- Organize and manage a summertime outdoor public dining program;
- Manage a business retention and extension program aimed at both
retaining existing businesses and assisting in business expansion;
- Undertake a business attraction and recruitment program designed to fill
both retail and office space;
Serve as the catalyst for project development for new downtown
development initiatives including,but not limited to, retail, office and
housing development;
Serve as a catalyst for the redevelopment of three key target
properties/parcels to be identified in the 2003 Work Program;
Construct and maintain a downtown Ithaca web site for public utilization.
- Provide and distribute information to businesses and visitors and
otherwise respond to inquiries about downtown business activities and
events.
The City acknowledges that it remains the point of contact for any public complaints
about the delivery of any basic services as described in the MOU.
The City agrees to make a 2003 annual payment to the Partnership of$18,500,plus a
proportional increase equivalent to any approved 2003 increase in the Partnership
assessment level, in exchange for performing the Basic Services itemized in Article II.
ARTICLE III
2003 CONTRACT FOR ADDITIONAL SERVICES
As per this Agreement with the City, and in consideration of the compensation described
below, the Partnership hereby agrees to perform the following additional services within
the District on behalf of the City during calendar year 2003. This agreement is subject to
the terms, conditions and definitions outlined in the Base Level Services Memorandum of
Understanding (MOU)that exists, as amended,between the City and the Partnership.
(a) Downtown Landscaping Program Coordination
Among the basic services outlined in the MOU is the provision of landscaping for the
primary and secondary Commons. The City has had diculty fulfilling its commitment to
downtown planting and landscape maintenance in recent years due to staffing limitations
and funding. Should the City not be able to provide these services, the Partnership will
undertake the following additional services in exchange for the compensation described
below:
- Service to be provided to the following geographic area: The Commons
plus the 300 block of East State, the 100 block of West State, the 100 block
of North Aurora, the 100 block of South Cayuga; the 100 block of North
Cayuga and the triangle beds at the Aurora and State and the
Green/Seneca and State tuning fork intersections;
Service will be provided to 15 Primary Commons planters and 14
Secondary Commons locations.
- The IDP will coordinate the Downtown Landscaping Program on behalf
of the City, in consultation with designated City staff. The Program will
consist of four principal parts: Spring Preparation, Spring Planting,
Maintenance, and Fall Close-Down.
In Spring Preparation, the IDP will rake beds, remove litter, trim
perennial flowers, and add soil and fertilizer as needed.
In Spring Planting, the IDP will plant new perennials, reconfigure and
reorganize existing perennials as necessary and plant seasonal summer
flowers.
- During the Maintenance phase, the IDP will water planter beds on both
the Primary and Secondary Commons. Frequency shall be 2-3 times per
week for the period June 1 through September 30, determined by the
weather. The IDP will also weed weekly or more frequently as needed,
check and clean beds daily, re plant damaged plants as necessary, and
fertilize as appropriate.
Fall Close-Down consists of planting bulbs for spring, cutting and
removing dead summer plant growth, and planting fall seasonal flowers.
The Partnership will organize and manage this effort on behalf of the City. The City shall
provide trucks for debris removal and planting as needed, shall assist the Partnership in
providing access to water as needed, and will provide soil,fertilizer and mulch as
needed. The IDP will purchase and procure plants and flowers, estimated for 2003 at
$2,000 for summer and$1,000 for fall.
The total cost of this service, including plants, is $25,800..
(b) Downtown/Commons Capital Improvement Contract Services
Providing staff support to oversee and manage downtown and/or Commons capital
improvement project planning and implementation is a time consuming task for the City.
Should the City determine that its staff resources could be better utilized on other
projects, the Partnership will agree to undertake project services for the City, subject to
the compensation noted below:
Work with the City to determine the project scope and a preliminary
budget;
Convene appropriate City departments and other stakeholders to review
issues related to the project;
Draft appropriate requests for proposals for the project;
Solicit bids from design service or engineering firms as needed;
- Work with design firm(s) to prepare concept plans and drawings for
desired capital improvements to the Primary and Secondary Commons
including costs, renderings and concept plans. Completed programs will
be submitted to the City for review and approval;
Work with design firms) to prepare schematic and construction
drawings, bid documents and bidding of phased work;
Provide project management and oversight as needed and appropriate.
As needed, the Partnership will procure the services of independent consultants to assist
in project activities. In all instances, the Partnership shall work with City Planning and
Public Works Department staff to ensure appropriate input and review. The Partnership
will provide project coordination and oversight, convening meetings with City staff and
affected businesses.
Payment for this service will be provided on a case by case basis. Contracts for each
project will be on a cost plus basis. The City would receive an estimate of time and cost
associated with the management of each project,factoring in reasonable time for routine
meetings and management. Personnel unit costs will be clearly described in the
estimates. The Partnership will add an administrative fee of 2%of total project cost to
cover Partnership time and expenses its for supervisory role. Costs of actual design
services and capital improvements will be covered by capital funds already authorized by
Common Council.
This service could alleviate overburdened City staff and accelerate the implementation of
downtown capital projects.
ARTICLE IV
PAYMENTS
Payments due and payable under this Agreement will be made in the same manner as the
payment of District assessments that are collected and transmitted by the Department of
Finance.
ARTICLE V
DISPUTE RESOLUTION
In the event of a dispute between the City and Partnership with regard to compliance
with, or interpretation of, the provisions of this Agreement,the parties shall make
reasonable efforts to resolve the dispute by mutual agreement. The matter shall be
referred to the Common Council to act on behalf of the City of Ithaca. If the parties are
unable to reach a resolution by mutual agreement,both parties consent to refer the matter
to mediation by a mutually-acceptable mediator. If mediation does not resolve the
disagreement, both parties consent to submit the matter to binding arbitration in
accordance with rules of the American Arbitration Association.
In Witness Whereof, the parties hereto have caused this Agreement to be duly executed,
sealed and delivered as of the day and year above.
The City of Ithaca
By:
Alan J. Cohen, Mayor
Ithaca Downtown Business Improvement District, Inc.
Dba Ithaca Downtown Partnership
By:
Marie Smith,President
Request to Amend 2002 Youth Bureau Budget
WHEREAS, the Ithaca Youth Bureau has been notified that they
will be receiving an anonymous donation in the amount of
$7, 650 . 00 to support their partnership with Beverly J. Martin
Elementary School and the Academic Plus after school program,
and
WHEREAS, the additional revenue will assist in the operation of
the Academic Plus after school program; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized
Youth Bureau Budget as follows for the purposes of accepting
said anonymous donation:
Increase Revenue Account :
A7310-2070-1203 Community Outreach $7, 650 . 00
Increase Appropriation Accounts:
A7310-5120-1203 Part Time Seasonal $4, 350 . 00
A7310-5460-1203 Program Supplies $2, 865 . 00
A7310-9030-1203 FICA/Medicare $ 333 . 00
A7310-9040-1203 Workers' Compensation $ 102 . 00
CITY OF ITHACA
f
1 James L. Gibbs Drive Ithaca, New York 14850
ys I
YOUTH BUREAU
PoO Telephone: 607/273-8364 Fax: 607/273/2817
To: Budget and Administration Committee
From: Allen Green Acting Deputy Director
Re: Youth Development Budget Amendment
Date: September 12,2002
We have been advised by an anonymous donor that we will be receiving$7650.00 in
additional revenue to support our partnership with Beverly J. Martin Elementary School
and the Academic Plus after school program.
We would like to amend the 2002 Youth Development budget as follows:
Increase anticipated revenue:
Contributions
Account# A 7310-2070-1203 Community Outreach $7650.00
Increase expenses: Community Outreach
Account# A 7310-5120-1203 Part Time Seasonal $4350.00
Account# A 7310-5460-1203 Program Supplies $2865.00
"An Equal Opportunity Employer with a commitment to workforce diversification."
�w�
Request to Amend 2002 Youth Bureau Budget
WHEREAS, the Ithaca Youth Bureau has been notified that they
will be receiving additional revenue of $3, 168 . 00 in support of
their partnership with Beverly J. Martin Elementary School and
the Academic Plus after school program, and
WHEREAS, the additional revenue will be used to assist in the
operation of the Academic Plus after school program; now,
therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized
Youth Bureau Budget as follows :
Increase Revenue Account :
A7310-3820-1203 Community Outreach $3 , 168 . 00
Increase Appropriation Accounts :
A7310-5120-1203 Part Time Seasonal $2 , 880 . 00
A7310-9030-1203 FICA/Medicare $ 221 . 00
A7310-9040-1203 Workers' Compensation $ 67 . 00
1
CITY OF ITHACA
Gr4 1 James L. Gibbs Drive Ithaca, New York 14850
YOUTH BUREAU
Telephone: 607/273-8364 Fax: 607/273/2817
To: Budget and Administration Committee
From: Allen Green Acting Deputy Director
Re: Youth Development Budget Amendment
Date: September 16,2002
We have been advised by the Ithaca City School District that we will be receiving
$3168.00 in additional revenue to support our partnership with Beverly J. Martin
Elementary School and the Academic Plus after school program.
We would like to amend the 2002 Youth Development budget as follows:
Increase anticipated revenue:
Ithaca City School District
Account# A 7310-3820-1203 Community Outreach $3168.00
Increase expenses: Community Outreach
Account# A 7310-5120-1203 Part Time Seasonal $2880.00
"An Equal Opportunity Employer with a commitment to workforce diversification."
two
���fOFiT.N9 CITY OF ITHACA
V ° •rt 310 West Green Street Ithaca, New York 14850-5497
}
OFFICE OF THE FIRE CHIEF
Telephone: 607/272-1234 Fax: 607/272-2793
SEP 1 2002
MEMORANDUM i By
To: Steve Thayer
From: Brian H. Wilbur
Re: False Alarm Ordinance Proposal
Date: 19 SEP 02
Attached please find a proposed resolution and ordinance for consideration by the Budget
and Administration Committee at their next regular meeting. The material is generally
self-explanatory.
The false alarm problem we currently face is significant. As step one in dealing with this
legislatively,the attached proposal will provide the tools we need to deal with persons
who take no responsibility for their actions—actions which result in a response of fire
apparatus and personnel for no good reason. These kinds of false alarm response are a
drain on available resources that are likely needed elsewhere.
Please let me know if you have any questions or concerns.
Cc: R. Wheaton
IFD FC HD:Documents:wpdocs IFD Work:life safety:fire prevention bureau:City codes legislation:b&a memo false alarm ord 1
"An Equal Opportunity Employer with a commitment to workforce diversification." za
Ithaca Fire Department 05 SEP 02
Proposed Change to City of Ithaca Code page 1 of 3
WHEREAS, the Ithaca Fire Department responds to an unusually high number of false
alarms, such rate being approximately two times the rate for the rest of New York State,
and three times the national rate; and,
WHEREAS, as many of these false alarms are the expected and anticipated result of the
high number of buildings protected with automatic fire detection and alarm systems
which are functioning as expected, and such systems are an important part of the
community fire protection system; and,
WHEREAS, this high number of protected premises are also greater than state and
national averages; and,
WHEREAS, many false and unnecessary alarms are caused by workers not taking
reasonable, feasible, and adequate precautions against activating the fire alarm in a
building as the result of their construction, maintenance, cleaning, or other legitimate
activity in the building; and,
WHEREAS, many false alarms are received as the result of the outcome of other bad
acts, such as vandalism or pranksterism, the results of which cause a fire detection device
to activate, which then results in a fire department response; and,
WHEREAS, since already available resources are committed until it has been determined
that such resources are not needed, the effect of a false alarm on the community's fire
protection system is extremely debilitating; now therefore, be it
RESOLVED, the Code of the City of Ithaca is hereby amended to include a new section
which shall make it a violation for anyone to cause an alarm to be initiated as the result
of:
1) any construction, maintenance, cleaning or other activity, which has been
undertaken without first insuring that any fire protective system is first isolated
from the effects of such work; or
2) vandalism or pranksterism, the results of which cause a fire detection or other
device to activate, which then results in a fire department response, as follows:
CODE OF THE CITY OF ITHACA, NEW YORK, v7 Updated 6-10-2002
PART II GENERAL LEGISLATION, Chapter 181, FIRE PREVENTION
ARTICLE I,Firesafety § 181-3. Fire alarms.
A. Tampering prohibited. No person shall meddle or in any manner touch or interfere
with the fire alarm wires or boxes of the city, except on proper occasion to given
an alarm of fire; nor shall any person place any obstruction or suffer or permit any
pole, tree, building or other obstruction to fall upon or against any fire alarm box
or wire in the city.
IFD FC HD:Documents:wpdocs IFD Work:life safety:fire prevention bureau:City codes legislation:c181-3.13.false alarm ord
Ithaca Fire Department 05 SEP 02
Proposed Change to City of Ithaca Code page 2 of 3
B. False alarms, malicious. No person shall intentionally give or cause to be given a
false alarm of fire.
l) False alarms, negligence. No person. who will perform maintenance.
construction.cleaning, or other activities which are likely to activate a fire
detection or fire suppression system device in a building protected by a
fire detection or suppression system, shall initiate any such activities until
such time as they have determined that the fire detection or fire
suppression system has been properly protected against inadvertent
activation of such s stem. Protective measures include but are not limited
to, device and/or zone isolation, or system.isolation. When any question
exists as to whether or not such system has been properly isolated, the fire
department shall be consulted prior to any such work commencing
2) False alarms, malfeasance. Any person who intentionally takes an action,
which action shall also cause a false fire alarm to be transmitted in anv
fashion shall be guilty of intentionally causing a false alarm of fire to be
ig ven.
C. Fees for master box connections to municipal fire alarm system. [Added 7-1-1998
by Ord. No. 98-12]
(1) An annual fee shall be assessed to each premises which has a master fire
alarm box which interconnects the building fire alarm system with the
municipal fire alarm system. This fee shall be the reasonable and expected
costs associated with the maintenance of the municipal fire alarm system,
as developed through the program budget accounting system. This cost
will be divided by the number of master fire alarm boxes connected to the
system, as documented by the Fire Chief. The fee for a master box
connection shall be calculated each year and approved by the Board of
Fire Commissioners. Upon approval, the Fire Chief shall send notices of
such charge and the locations of each master box to the City Chamberlain,
but not sooner than March 1 of each year.
(2) The property owner shall be billed for the annual fee as established in
Subsection C(1) above. This fee shall be paid to the City Chamberlain
within 30 days of the billing date. If the required fee is not paid within 30
days of the billing date, the City Chamberlain shall enter the same as a lien
against the premises as provided in § C-54 of the Charter of the City of
Ithaca. The Chamberlain shall add the same to the next assessment roll of
general city taxes and shall collect and enforce the assessment in the same
manner and by the same proceedings, at the same time and with the same
penalty as the general city tax and as part thereof, except that, in addition
to the penalties provided for in the aforementioned provisions, interest
shall accrue from the date of billing to the date of actual payment at 12%
per annum or$3 per month, whichever is greater.
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Ithaca Fire Department 05 SEP 02
Proposed Change to City of Ithaca Code page 3 of 3
And, be it further,
RESOLVED, the foregoing ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City Charter and Code.
IFD FC HD:Documents:wpdocs IFD Work:life safety:fire prevention bureau:City codes legislation:cl81-3.B.false alarm ord